2006 (5) TMI 377

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..... : P.G. Chacko, Member (J)]. The Commissioner has demanded duty of Rs. 21,06,190/- from the appellants by denying them the benefit of Notification No. 16/2000-Cus., dated 1-3-2000 and has also imposed on them a penalty of Rs. 4 lakhs. The demand is in respect of furnace oil imported by the assessee for the purpose of use in the manufacture of fertilizers. The present application seeks waiver .....

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..... bject to the condition that the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996 shall be followed. It appears that the dispute is largely interpretative. It is submitted by ld. Counsel that all goods intended for use in the manufacture of fertilizers would attract the above exemption. On the other hand, ld. SDR has fo .....

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..... heft has to be treated as accident for purposes of Rule 49 of Central Excise Rules, 1944, the relevant Rule providing for remission of duty on goods lost on account of natural causes or accidents. Appellants seem to have a prima facie case against the demand of duty and the penalty. Accordingly, there will be waiver of pre-deposit and stay of recovery in respect of the duty and penalty amounts. .....

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